Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
LISA DARLING-ALDERTON - State Bar No. 221738 COUNTY 0F SAN BERNARDINO
laldarton@wpdslaw_com SAN BERNARDINO DISTRICT
JEFFREY BURT - State Bar No. 125033 12/1/2023 2:50 PM
Jburt@wpdslaw.com
WOOLLS PEER DOLLINGER & SCHER By: Kylie Meneses, DEPUTY
A Professional Corporation
12401 Wilshire B1Vd., Second Floor
Los Angeles, CA 90025-1089
Telephone: (2 1 3) 629-1 600
Facsimile: (2 1 3) 629- 1 660
Attorneys for Plaintiff
PHILADELPHIA INDEMNITY INSURANCE
COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN BERNARDINO
11
CIV882331 359
PHILADELPHIA INDEMNITY INSUMNCE Case No.:
Scher 12 COMPANY,
g Floor 13 Plaintiff, COMPLAINT FOR DECLARATORY
V. RELIEF AND EQUITABLE
Second
90025-1089
14 CONTRIBUTION
Dollinger
Blvd.,
PELEUS INSURANCE COMPANY, and DOES 1
CA 15 through 50, inclusive,
Angeles,
Wilshire
16 Defendants.
Peer
L05
12401
17
Woolls
18 Plaintiff PHILADELPHIA INDEMNITY INSURANCE COMPANY (“Plaintiff’ or
19 “Philadelphia”) makes the following allegations as against defendant PELEUS INSURANCE
20 COMPANY (“Peleus”):
21 GENERAL ALLEGATIONS
22 1. Plaintiff Philadelphia is a corporation organized and existing under the laws 0f the
23 state of Pennsylvania. Philadelphia is, and at all relevant times was, an insurance company
24 authorized to do business in the state of California.
25 2. Plaintiff is informed and believes and thereon alleges that defendant Peleus is a
26 corporation organized and existing under the laws of the state of Virginia. Peleus is, and at all
27 relevant times was, an insurance company authorized to do business in the state of California as an
28 approved surplus lines insurer.
PRINTED ON RECYCLED PAPER 1
[COMPLAINT FOR DECLARATORY RELIEF AND EQUITABLE CONTRIBUTION]
1061 974.1
3. Plaintiff does not know the true names and capacities of those defendants named as
DOES 1 through 50, inclusive, and therefore sues those defendants by fictitious names. Plaintiff is
informed and believes, and on that basis alleges that each of the DOE defendants was, at all relevant
times, acting as agents, employees, or representatives of one another. Accordingly, Plaintiff sues
DOE defendants 1 through 50 under such fictitious names and will ask leave of Court t0 allege their
true names and capacities When all necessary facts have been of ascertained.
\OOONONUI-P
4. Philadelphia issued insurance policy PHPK2151394, effective July 1, 2021 t0 July 1,
2022, to Palm Communities. The Philadelphia Policy includes 7807 Juniper Avenue in Fontana, CA
92336, as a Scheduled Location and includes Fontana Siena Partners, LP (“Fontana”) as a scheduled
10 Named Insured. Fontana is the owner of the Siena Apartments located at 7807 Juniper Avenue and
11 Conam Management Corporation (“Conam”) was their property management company.
Scher 12 5. Prior to June 1, 2021, Fontana entered into an “Independent Contractor Agreement
& Floor 13 for Security Service” (“Security Contract”) With The Recon Group, Inc. (“Recon”) for the Siena
Second
90025-1089
14 Apartments. A true and correct copy of the Security Contract is attached hereto as Exhibit A. The
Dollinger
Blvd.,
CA 15 Security Contract includes insurance requirements and indemnity provisions, which state in relevant
Angeles,
Wilshire
16 part:
Peer
L05
12401
17 “6. Insurance Coverage. Contractor shall, at its own cost, maintain in force at all
Woolls
times while providing security services t0 the Property comprehensive general
18
liability insurance with limits 0f liability of not less than $1,000,000.00 per
19 occurrence, $2,000,000 aggregate, with a broad form coverage endorsement and
contractual liability coverage, covering all operations Contractor performed on behalf
20
of Client, and with an insurance carrier acceptable to Client in its sole discretion.
21 Client and its nronertv management companv managing the Propertv shall be
named as addit_ional insureds 0n sgch policv and such Dolicv shall be DrimaI'V
22
and non-contributogy over any policy Client 0r its properly management
23 companv maV maintain . . . .
=1: =1: =1:
24
8. Indemnity. Contractor shall defend, indemnify and hold Client and its property,
25
claims, demands, and expenses 0f any nature including without limitation, court costs
26 and attorneys' fees, resulting directly 0r indirectly from Contractor's breach of this
Agreement or from the performance by Contractor of the services to be performed
27
hereunder, regardless of whether caused by the sole negligence 0f Contractor 0r the
28 concurrent negligence of Contractor and Client. If any action or proceeding is brought
PRINTED ON RECYCLED PAPER 2
[COMPLAINT FOR DECLARATORY RELIEF AND EQUITABLE CONTRIBUTION]
1061 974.1
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA LISA DARLING-ALDERTON - State Bar No. 221738 COUNTY 0F SAN BERNARDINO laldarton@wpdslaw_com SAN BERNARDINO DISTRICT JEFFREY BURT - State Bar No. 125033 12/1/2023 2:50 PM Jburt@wpdslaw.com WOOLLS PEER DOLLINGER & SCHER By: Kylie Meneses, DEPUTY A Professional Corporation 12401 Wilshire B1Vd., Second Floor Los Angeles, CA 90025-1089 Telephone: (2 1 3) 629-1 600 Facsimile: (2 1 3) 629- 1 660 Attorneys for Plaintiff PHILADELPHIA INDEMNITY INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO 11 CIV882331 359 PHILADELPHIA INDEMNITY INSUMNCE Case No.: Scher 12 COMPANY, g Floor 13 Plaintiff, COMPLAINT FOR DECLARATORY V. RELIEF AND EQUITABLE Second 90025-1089 14 CONTRIBUTION Dollinger Blvd., PELEUS INSURANCE COMPANY, and DOES 1 CA 15 through 50, inclusive, Angeles, Wilshire 16 Defendants. Peer L05 12401 17 Woolls 18 Plaintiff PHILADELPHIA INDEMNITY INSURANCE COMPANY (“Plaintiff’ or 19 “Philadelphia”) makes the following allegations as against defendant PELEUS INSURANCE 20 COMPANY (“Peleus”): 21 GENERAL ALLEGATIONS 22 1. Plaintiff Philadelphia is a corporation organized and existing under the laws 0f the 23 state of Pennsylvania. Philadelphia is, and at all relevant times was, an insurance company 24 authorized to do business in the state of California. 25 2. Plaintiff is informed and believes and thereon alleges that defendant Peleus is a 26 corporation organized and existing under the laws of the state of Virginia. Peleus is, and at all 27 relevant times was, an insurance company authorized to do business in the state of California as an 28 approved surplus lines insurer. PRINTED ON RECYCLED PAPER 1 [COMPLAINT FOR DECLARATORY RELIEF AND EQUITABLE CONTRIBUTION] 1061 974.1 3. Plaintiff does not know the true names and capacities of those defendants named as DOES 1 through 50, inclusive, and therefore sues those defendants by fictitious names. Plaintiff is informed and believes, and on that basis alleges that each of the DOE defendants was, at all relevant times, acting as agents, employees, or representatives of one another. Accordingly, Plaintiff sues DOE defendants 1 through 50 under such fictitious names and will ask leave of Court t0 allege their true names and capacities When all necessary facts have been of ascertained. \OOONONUI-P 4. Philadelphia issued insurance policy PHPK2151394, effective July 1, 2021 t0 July 1, 2022, to Palm Communities. The Philadelphia Policy includes 7807 Juniper Avenue in Fontana, CA 92336, as a Scheduled Location and includes Fontana Siena Partners, LP (“Fontana”) as a scheduled 10 Named Insured. Fontana is the owner of the Siena Apartments located at 7807 Juniper Avenue and 11 Conam Management Corporation (“Conam”) was their property management company. Scher 12 5. Prior to June 1, 2021, Fontana entered into an “Independent Contractor Agreement & Floor 13 for Security Service” (“Security Contract”) With The Recon Group, Inc. (“Recon”) for the Siena Second 90025-1089 14 Apartments. A true and correct copy of the Security Contract is attached hereto as Exhibit A. The Dollinger Blvd., CA 15 Security Contract includes insurance requirements and indemnity provisions, which state in relevant Angeles, Wilshire 16 part: Peer L05 12401 17 “6. Insurance Coverage. Contractor shall, at its own cost, maintain in force at all Woolls times while providing security services t0 the Property comprehensive general 18 liability insurance with limits 0f liability of not less than $1,000,000.00 per 19 occurrence, $2,000,000 aggregate, with a broad form coverage endorsement and contractual liability coverage, covering all operations Contractor performed on behalf 20 of Client, and with an insurance carrier acceptable to Client in its sole discretion. 21 Client and its nronertv management companv managing the Propertv shall be named as addit_ional insureds 0n sgch policv and such Dolicv shall be DrimaI'V 22 and non-contributogy over any policy Client 0r its properly management 23 companv maV maintain . . . . =1: =1: =1: 24 8. Indemnity. Contractor shall defend, indemnify and hold Client and its property, 25 claims, demands, and expenses 0f any nature including without limitation, court costs 26 and attorneys' fees, resulting directly 0r indirectly from Contractor's breach of this Agreement or from the performance by Contractor of the services to be performed 27 hereunder, regardless of whether caused by the sole negligence 0f Contractor 0r the 28 concurrent negligence of Contractor and Client. If any action or proceeding is brought PRINTED ON RECYCLED PAPER 2 [COMPLAINT FOR DECLARATORY RELIEF AND EQUITABLE CONTRIBUTION] 1061 974.1